Some employers are now facing the fact that some FFCRA claims may be fraudulent. If an employee is in fact lying about the need for caring for a child it can be a sticky situation!
There is significant risk in denying a request for FFCRA leave if an employee has provided the appropriate documentation. That said, if you believe the request is fraudulent, you should have a discussion with the employee before granting or denying leave. If it turns out that they were submitting a fraudulent request — and you have sufficient evidence to support that — you can take disciplinary action if it seems appropriate. If, after discussion, you think their request is more likely than not legitimate, you should grant it.
Be careful about disciplining an employee who requests leave but doesn’t meet the necessary criteria. These leave entitlements can be confusing, and it would be unlawful retaliation to discipline an employee who was attempting to use their right to leave in good faith.
Content courtesy of the HR Support Center – https://affiliatedpayroll.myhrsupportcenter.com